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  • FIRST POST
    • rose28454
    • By rose28454 23rd Sep 08, 8:57 AM
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    rose28454
    Who is liable for this crash
    • #1
    • 23rd Sep 08, 8:57 AM
    Who is liable for this crash 23rd Sep 08 at 8:57 AM
    My DD was driving to work this morning and was passing a crossroads and the vehicle on the left junction was pulled partly out into the road so my daughter pulled over the line a bit to get round him ( she was going straight on) and suddenly a car on the right junction pulled out and hit her side on and badly damaged her door. She said he only seemed to have damage to his number plate and so they swapped details and she came home. He has now rung and asked for the registration number ( that he forgot to take). She told him she had a large excess (500.00- she is only 22) and so would rather not go through her insurers and he said his excess is 325.00. The problem is that she is crap with money and never opens her post and when we looked for her policy details she found a letter to say her policy had been cancelled 2 weeks ago due to non payment of the last months premium. I am going over to see him shortly so I am wondering what to do. He wants her insurance details which obviously she does not have. What shoe she do? Obviously she should be insured but he is liable as he hit her car.
    I despair of her as she is crap with money ( spend it all on clothes!) and I am on my own ( recently seperated) and struggling with money and debt issues and there always seems to be some financial scrape for me to get her out of. Should we tell him she is not insured or just refuse to give him the details. I think he may then try to wriggle out of paying. Also should we report the accident to the police bearing in mind she is not insured??
Page 2
    • cogito
    • By cogito 23rd Sep 08, 3:11 PM
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    cogito
    You may change your mind if it was your car she had written off, or maybe one of your family she could have maimed for life and she is uninsured, I am sorry but irresponsible people that have no thought for how their actions can effect other lives deserve all they get coming to them.
    Originally posted by cajef
    But that isn't what happened here. If it had been a serious incident, the police would have attended and the law would have taken its course. I have no truck with drivers who drive uninsured and the law should deal with them much more seriously than it does. The OP's daughter will rectify her mistake which was probably no more than an oversight but I wouldn't regard it as my responsibility to go running to the police to try to get some advantage out of an accident that was my own fault.
    • rose28454
    • By rose28454 23rd Sep 08, 3:18 PM
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    rose28454
    For one it would mean that future insurers will know about her careless attitude to such matters and will charge her a premium appropriate to the actual risk she presents, rather than spreading the risk across other innocent policyholders.
    Originally posted by raskazz
    Lets put some perspective on this matter. Firstly she is 22 and has had a terrible couple of years ( aneroxia, a suicidal alcoholic father, having to leave home for a year etc). She now lives with me alone and we are strugglng to keep a roof over our heads. I am sure she did not realise that not opening her post could lead to this and we are going to explain to the other driver and see what happens. But she is not a heroin dealer or murderer so people should back off a little bit with the high handed attitude. Lets not forget he pulled out and hit her not the other way round. She is just a young woman who made a silly mistake not a mass murderer!!
    Last edited by rose28454; 23-09-2008 at 3:22 PM.
    • rose28454
    • By rose28454 23rd Sep 08, 3:20 PM
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    rose28454
    But that isn't what happened here. If it had been a serious incident, the police would have attended and the law would have taken its course. I have no truck with drivers who drive uninsured and the law should deal with them much more seriously than it does. The OP's daughter will rectify her mistake which was probably no more than an oversight but I wouldn't regard it as my responsibility to go running to the police to try to get some advantage out of an accident that was my own fault.
    Originally posted by cogito
    Thanks for your comment.
    • raskazz
    • By raskazz 23rd Sep 08, 3:25 PM
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    raskazz
    Lets put some perspective on this matter. Firstly she is 22 and has had a terrible couple of years ( aneroxia, a suicidal alcoholic father, having to leave home for a year etc). She now lives with me alone and we are
    let it lapse and therefore should explain to the other driver and see what happens. But she is not a heroin dealer or murderer so people should back off a little bit with the high handed attitude. Lets not forget he pulled out and hit her not the other way round. She is just a young woman who made a silly mistake not a mass murderer!!
    Originally posted by rose28454
    Personally I'm not advocating that the third party should definitely report her to punish her, but giving a reason why it would be it the public interest for him to do so.

    I sympathise, but none of the factors you listed mitigate what she did. We all have our hurdles to overcome - that's life. Not that it matters, but it is my personal opinion that when you drive a car you have to be mature and diligent enough to handle the responsibility that comes with it. A car is a killing machine in the wrong hands. As someone who works in insurance I have seen a case of a motorcyclist who was decapitated by an uninsured driver, they found his head 200 yards down the road - can you imagine how his family felt? That would certainly put your daughter's own problems into perspective. To (a) not pay the premium and (b) ignore letters from your insurer is totally irresponsible. That cannot be argued against or glossed over.
    Last edited by raskazz; 23-09-2008 at 3:30 PM.
  • uktyler
    Lets put some perspective on this matter. Firstly she is 22 and has had a terrible couple of years ( aneroxia, a suicidal alcoholic father, having to leave home for a year etc). She now lives with me alone and we are strugglng to keep a roof over our heads. I am sure she did not realise that not opening her post could lead to this and we are going to explain to the other driver and see what happens. But she is not a heroin dealer or murderer so people should back off a little bit with the high handed attitude. Lets not forget he pulled out and hit her not the other way round. She is just a young woman who made a silly mistake not a mass murderer!!
    Originally posted by rose28454
    Driving without insurance is not a "silly mistake"

    She did not open her mail. She did not check with her bank that the insurance was paid.

    If she does not release what not opening her mail can lead to should she even be behind the wheel of a car?

    She may of hard a hard few years, but that is no excuse for her actions.
  • tinkerbell84
    Driving without insurance is ILLEGAL.

    You daughter can go and sign up for a 35+ a month phone contract but doesn't ensure she has insurance when driving the car. :confused:

    Does she check that it's roadworthy?

    It doesn't matter what she's been through I'm afraid. Insurance is a mandatory requirement when driving and she didn't bother with it.
    • cajef
    • By cajef 23rd Sep 08, 3:36 PM
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    cajef
    The OP's daughter will rectify her mistake which was probably no more than an oversight but I wouldn't regard it as my responsibility to go running to the police to try to get some advantage out of an accident that was my own fault.
    Originally posted by cogito
    For a start how do you know who's fault the accident was, we only have one persons side of the story and while I do not dispute it is possibly what happened, the other person involved may not agree if they had stared to pull out of the junction and a car suddenly crossed the white line onto their side, insurance companies may well say it is 50/50 especially if it is one persons word against another.

    If this minor accident had not occurred this driver would still have been driving around uninsured, oblivious to the consequences if she had caused a major accident.
    Last edited by cajef; 23-09-2008 at 3:44 PM.
    I used to have a handle on life, but it broke.
    • cogito
    • By cogito 23rd Sep 08, 3:50 PM
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    cogito
    If this minor accident had not occurred this driver would still have been driving around uninsured, oblivious to the consequences if she had caused a major accident.
    Originally posted by cajef
    Perhaps it's as well that it did as the matter is presumably now being rectified.
    • rose28454
    • By rose28454 23rd Sep 08, 4:03 PM
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    rose28454
    Perhaps it's as well t Anyhat it did as the matter is presumably now being rectified.
    Originally posted by cogito
    Yes it has been sorted. We are just waiting to speak to the other driver tonight to sort it out. He was very cagey when we went round to see him and said he could not remember what happened. However he pulled out of a side road and hit her square on the side which is odd as he was supposedly turning right. He told us he saw the van pulled out over the Give way on the other side so surely should have been wary of cars coming up the main road?? The other thing is it is his word against hers but her car has much more damage. Hopefully we can sort and maybe having to pay for her repairs will give her a jolt!
    • SandC
    • By SandC 23rd Sep 08, 4:06 PM
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    SandC
    I hope you get this sorted amicably between the third party and yourselves and that he is understanding, but I would advise against trying to pursue him for any damages to your daughters car just as all the others above have said. Without the insurance in place there is no proof that the accident was his fault - it's up to the insurer to decide (it is always advised never to admit responsibility at the time of the incident) and unfortunately they cannot do that.

    Aside from that, she will have learnt a hard lesson through this - whatever the outcome may be. It has to be remembered that whilst you look at this as an oversight it's the consequences that matter. Remember again as above, she is in no place to decide that the third party was in the wrong.

    I urge you to advise her to pay her insurance premiums by direct debit and keep an eye on her account to make sure that there are funds in there to cover it.
    • rose28454
    • By rose28454 23rd Sep 08, 5:04 PM
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    rose28454
    She is going to call him and tell him about the insurance not being in place. Hopefully he will be understanding and let it go. Obviously she will have to pay her own repairs which will be a lessonlearnt!!
  • tinkerbell84
    I take it that the insurers haven't backdated her cover then?
    • rose28454
    • By rose28454 23rd Sep 08, 5:21 PM
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    rose28454
    I take it that the insurers haven't backdated her cover then?
    Originally posted by tinkerbell84
    At first they said they would but as the renewal was 1.9.8 they would only have backdated within 14 days. I remember a person I knew years ago who had an accident there policy had lapsed and they immediately called insurers and had it re-instated and he claimed. I think insurers have tightened up things since then.
    • David Aston
    • By David Aston 23rd Sep 08, 5:56 PM
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    David Aston
    Rose, it really might not be best for your daughter to tell the guy she did not have insurance in place. He could choose to just tell the police anyway. I appreciate you are trying to avoid having to pay his repairs, as well as your daughters. It just seems too risky to me.
  • LinasPilibaitisisbatman
    You clearly need to beware of adding a charge of perverting the course of justice as well as fraud to the charge sheet

    Covering up the fact insurance was not in place is perverting the course of justice, not telling the insurers what happened is fraud

    also you seem very insistent the other driver was to blame, I cant say that is clear from the post, maybe he was, maybe he wasnt but if he disputes it we all know who is in the crap

    I dont think your daughter should come clean with him straight away but the slightest mention of involving insurers then she should offer to pay his damages with an agreement of full and final settlement
    • rose28454
    • By rose28454 23rd Sep 08, 6:01 PM
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    rose28454
    Rose, it really might not be best for your daughter to tell the guy she did not have insurance in place. He could choose to just tell the police anyway. I appreciate you are trying to avoid having to pay his repairs, as well as your daughters. It just seems too risky to me.
    Originally posted by David Aston
    How do you suggest we do it then.??
    • David Aston
    • By David Aston 23rd Sep 08, 6:05 PM
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    David Aston
    Agree that both parties prefer to settle without involving the insurance companies, if he insists your daughter pays for his repairs, bite the bullet.
    • rose28454
    • By rose28454 23rd Sep 08, 6:09 PM
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    rose28454
    Are you legally obliged to exchange insurance details?
  • LinasPilibaitisisbatman
    Are you legally obliged to exchange insurance details?
    Originally posted by rose28454

    You don't have too although your opening yourself upto claims of failing to stop, provide details and perverting the course of justice

    At the end of the day go and listen to what he says and be quiet

    The first mention of him disputing liability or involving insurance companies, get the cheque book out and pay exactly what he wants
    • raskazz
    • By raskazz 23rd Sep 08, 6:15 PM
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    raskazz
    Are you legally obliged to exchange insurance details?
    Originally posted by rose28454
    Where someone requires the information for the purposes of making a claim (the third party could legitimately argue he is making a claim - on the circumstances given liability is not clear cut) you have to give details of insurance or lack of insurance. This is as per Section 154 of the Road Traffic Act, anyone who refuses is guilty of an offence. Basically if the third party asks for the information, if it is not given then an offence has been commited.
    Last edited by raskazz; 23-09-2008 at 6:23 PM.
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